CITY OF ELGIN, OREGON 

                     RESOLUTION 1039 (1997)
      A RESOLUTION RECOGNIZING PRE-EXISTING LIVESTOCK USES
                         IN THE R-1 ZONE

WHEREAS:  Ordinance 5-1983, Article 10, Section 10.12, Pre-existing Livestock or
Farm Animals; allows livestock and farm animal uses existing prior to October 11,
1977 to continue, and;

WHEREAS: Section 10.12 provides that if the animal use is interrupted for a
period greater than 90 days, the use is no longer allowed, and;

WHEREAS: In consideration of the nearly 20 years that has elapsed, and the
normal course of keeping animals, very few pre-existing livestock or farm animal
uses remain that meet the requirements of Section 10.12, and;

WHEREAS: Section 10.12 has been repealed by Ordinance 123 (1997).

NOW THEREFORE BE IT RESOLVED:

That the City Council hereby directs the Ordinance Enforcement Officer to make
a canvass of the City to identify all livestock uses in the R-1 Zone, that are legal
or have presumed to be legal under the provisions of Section 10.12, and;

BE IT FURTHER RESOLVED;
That the City Council proceed to issue Conditional Uses for horses or mules to
the owners (or their agents) of those properties identified, provided the use does
not seriously interfere with the peace and welfare of the residential use of
neighboring property owners and the use, as it currently exists, does not
constitute a nuisance per the provisions of Chapter 8.08.020 through 8.08.050 of
the Elgin Municipal Code. 

BE IT FINALLY RESOLVED;
That the governing standards for Conditional Uses granted hereby shall be the
standards set by Ordinance 123 (1997); and that variations from these standards
shall be specifically stated in the granted Conditional Use on a case by case
basis.

PASSED AND ADOPTED this  9  th day of  September  1997.
With    7  Ayes,   0   Nays,   0   Abstentions,   0   Absent.

Signed;

                           
Rick Smith,  Mayor

Attest;

                                       
F. Joseph Garlitz,    Recorder/Administrator